Below is a part of the transcript of the first day of the trial of Laura Kriho. Kriho was tried for contempt of court after she was the lone holdout on a jury in a drug possession case in Gilpin County, Colorado. This partial transcript is presented not just because of its remarkable entertainment value (it is high comedy), but as a lesson: WHEN YOU GO TO COURT, TAKE SOME FRIENDS WITH YOU. Friends can: give moral support to the defendant; give an audience for the defense attorney; attract media coverage; and, most importantly, they can effectively UNNERVE AND DISTRACT THE PROSECUTOR just by their mere presence.

CAST OF CHARACTERS:

THE COURT: Former prosecutor and Colorado First Judicial District Chief Judge Henry Nieto

MR. STANLEY: Deputy D.A. Jim Stanley

MR. GRANT: Paul Grant, defense counsel for Laura Kriho

DEPUTY STEVENS: Gilpin County Sheriff's Deputy

LAURA KRIHO: Defendant, on trial of contempt of court based on
evidence of "improper" jury room deliberations.

AUDIENCE: Over 70 different supporters of Laura Kriho plus many
news media representatives.

The events described below happened in the Judge's chambers after the Judge had denied several media requests for video and audio coverage of the trial.

Day 1 of the Trial Proceedings
October 1, 1996

Page 8

(Following proceedings held in Chambers.)

THE COURT: We'll return to the People versus Kriho; 96 CR 91. Record should reflect we are in Chambers. Deputy DA and a Gilpin Sheriff's Department deputy are present. Mr. Grant and his client are present. Mr. Stanley, you've indicated you wished to have some matter on the record here.

MR. STANLEY: Yes, Judge, thank you. During the short open court session that we just had, the initial first session on this case where there was nothing more than, you know, certainly no testimony but there were comments, brief arguments and positions stated by both litigants and then rulings stated by Your Honor, what happened in the back of the courtroom what I experienced, and what the deputy sheriff, the acting bailiff who was standing at the side, and I'm sorry, your Deputy --

DEPUTY STEVENS: Stevens.

MR. STANLEY: -- observed and supports the concern I had earlier this morning, Your Honor, I heard various different levels of what I will characterize as just general commotion and description of sighs, grunts, escalated whispering and all of this in the wake of the Court making a ruling, or some comment being made that clearly was not appreciated by one or more people in the audience. And I turned and looked out there, I could see exactly -- what I anticipated and what I expressed to the Court this morning I saw people rolling their eyes, doing the back head gestures, arms up in the air, quick turnarounds, the obvious major head turning with a sole purpose for the people in the front of the courtroom, the people, litigants, possibly Your Honor, I don't know, to see this. It's clear that these people want to express however subtle or to what ever degree, their views and their opinions about this proceeding and this contempt citation and this court process. Deputy, you also overheard some comments, did you not?

DEPUTY STEVENS: Yes, sir.

MR. STANLEY: Deputy, your full name?

DEPUTY STEVENS: My name is Richard Joseph Stevens, Jr.

MR. STANLEY: You're a deputy sheriff with Gilpin County, sir?

DEPUTY STEVENS: Yes, sir.

MR. STANLEY: You were in court just now?

DEPUTY STEVENS: Yes, sir.

MR. STANLEY: Would you please tell the Judge what you -- either what you overheard or heard during the proceeding?

DEPUTY STEVENS: Yes, sir. I heard numerous acts of commotion but also after Your Honor made the decision on the cameras, I observed and heard a gentlemen in the front row say -- excuse my language, -- fucking asshole. I heard "asshole" very well. Thefirst part of that was a little bit more mumbled. That's what Ifelt he said.

MR. STANLEY: And was this in the wake of the Judge's ruling?

DEPUTY STEVENS: Yes, sir, it was.

MR. STANLEY: Was it clear to you that the term, fucking asshole, was directed to the Court, to the Judge.

DEPUTY STEVENS: Yes, sir.

MR. STANLEY: Was there anything else that you heard?

DEPUTY STEVENS: No, sir. Just some grunts.

MR. STANLEY: Did you see the movements and the various grunts?

DEPUTY STEVENS: Yes, sir, I did.

MR. STANLEY: Judge, my concern here is, here is a person out in the back of the courtroom calling Your Honor a fucking asshole, and we haven't even started the trial yet. Your Honor, we have not even started. This is substantive and the information that clearly is going to be stuff these people don't want to hear, and I'm concerned about this. I think this is only the tip of what's going to happen through the entire process, if we don't get this nipped in the bud.

THE COURT: Mr. Grant?

MR. GRANT: Judge, Mr. Stanley has more sensitive ears than I. I heard some noise at the ruling, and I didn't hear any words. I heard some noise, some mumbling, muttering, whatever, and I'm sure there was some movement in the audience. And part of the reason why we have public trials is so that the public can hear these things and yet not be disruptive and clearly we don't want to encourage that and we don't mind -- I mean we don't have a problem with the Court admonishing them -- the audience -- to behave properly and that disruptive behavior won't be tolerated.

On the other hand, if somebody rolls their eyes that's certainly their prerogative, if they're not disrupting the Court. People can't sit there stone gazed if they have a strong reaction and there was a very, very important ruling there on the right of the public to see this trial, so somebody was concerned. I can understand if somebody was offensive and obnoxious and disruptive, I don't support that at all, so I don't have a problem with the Court advising the people in the courtroom that that's disruptive behavior and is not going to be tolerated and additionally I have a request. I understand the purpose of Deputy Stevens being in the courtroom but I would ask if he could find another location for him. He is a huge man, and he isarmed, and he's standing right next to the defendant and that makes her uncomfortable, so if we can find a better place.

THE COURT: I'm not going to direct the deputy on how to conductthe security on where he chooses to be.
...
I will briefly and mildly admonish this group. I did not hear the comments and I don't intend to take any action on comments that I did not hear.

When the court was reconvened in the courtroom, Mr. Grant again stated that his client was uncomfortable with an armed deputy standing only a few feet behind her. Grant asked Judge Nieto if the defense could switch tables with the prosecution. Stanley objected vehemently, "I don't understand how the presence of a peace officer could be a problem for someone... It just doesn't make any sense to me."

Judge Nieto ordered Stanley to switch tables with the defense.

That was one of the few rulings won by the defense over the next two days. Kriho's trial had begun: an inquisition into the private deliberation processes of Ms. Kriho and nine of the other jurors who served with her.

The courtroom was packed during both days of Kriho's trial. Prosecutor Jim Stanley continued to be agitated and flustered by the whispering, eye-rolling, and "back head gestures" he perceived from the audience. However, the judge saw no problems and did not give in to Stanley's desire to have the courtroom cleared.

Laura said later that having the courtroom packed with people helped enormously. She only wished her friends could have been with her in chambers to witness the prosecutor and deputy say "fucking asshole" to the judge.

Thanks to all the people who attended Laura's trial!!!

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